Donaldson v. Kansas City Southern Railway Co.

The Eighth Circuit reversed the district court's grant of summary judgment against plaintiff in an action alleging that Southern negligently maintained the roadway at a crossing where its three tracks intersected a state highway. The court held that, viewing the evidence in the light most favorable to plaintiff, he established a genuine issue of material fact as to whether Southern negligently maintained the pavement. Accordingly, the court remanded for further proceedings. View "Donaldson v. Kansas City Southern Railway Co." on Justia Law